Add new comment
ETHICAL CONSIDERATIONS FOR DEALING WITH FELLOW PUBLIC POLICY ADVOCATES
There is a need to maintain collegial relations with fellow public policy advocates over extended periods of time. Adversaries may need to work together as allies in the future. It should also be recognized that pressures in the public policy advocacy environment increasingly create a competitive and contentious atmosphere that can lead to perceptions of unethical treatment by a colleague and ruptured relations between public policy advocates. Consequently, relations between fellow public policy advocates should be especially characterized by mutual respect, truthfulness, civility and tolerance for opposing points of view. An atmosphere of mutual respect, civility, trust and collegiality among public policy advocates enhances the quality of the legislative process and elevates the profession.
Ethical considerations
- Public policy advocates have an ethical obligation to each other.
- A public policy advocate has an obligation to inform a fellow public policy advocate if he/she is contacted by a potential client, and he/she knows, or should know, that the potential client is represented by another public policy advocate. He/she should advise the potential client that the matter of potential employment should not be discussed without either involving the other public policy advocate or severing that pre-existing relationship.
- A public policy advocate owes other public policy advocates an obligation not to mislead them if the public policy advocate chooses to provide them information. A public policy advocate owes other public policy advocates an obligation to correct as quickly as practically possible any incorrect information that the public policy advocate has provided them.
- A public policy advocate owes other public policy advocates an obligation to inform any other public policy advocate with whom he/she is in communication on a pursued objective on his/her client’s behalf as to the specific interest the public policy advocates represents. A public policy advocate owes other public policy advocates an obligation to clarify to any other public policy advocate with whom he/she is in communication on a pursued objective on his/her client’s behalf as to the specific interest he/she represents if he/she makes an appearance representing an interest other than the interest of which he/she originally apprised the other public policy advocate.
- A public policy advocate owes other public policy advocates an obligation to respect the positions advocated by other public policy advocates , even those in conflict with the positions of his/her client.
- A public policy advocate owes other public policy advocates an obligation to avoid acts or utterances which intentionally may have adverse economic effects upon the business of another public policy advocate.
- A public policy advocate owes other public policy advocates an obligation to inform them of his or her client’s interest on a pursued objective when his/her client’s interest conflicts with the position advocated by the other public policy advocate and such communication will not compromise the client’s interest.
- A public policy advocate has an obligation to respect all public policy advocates’ professional relations with their clients and an obligation not to attempt to undermine or interfere with that relationship or to solicit the business of a colleague’s client. A public policy advocate is free to respond to inquiries initiated by clients who may be seeking to change or increase their representation.
- A public policy advocate has an obligation to be honest and truthful with public policy advocate colleagues. This obligation does not imply an obligation to reveal appropriately confidential information regarding strategy or tactics of a public policy advocate on behalf of a client.
- A public policy advocate has an obligation to treat fellow public policy advocates , both allies and adversaries, with respect and civility during the sometimes heated public policy advocacy process and an obligation to avoid contributing to an atmosphere of mean-spiritedness or uncollegial behaviour. Public policy advocates have an obligation to be truthful about colleagues and to avoid even the appearance of undermining a colleague. One manifestation of this respect for fellow public policy advocates is refraining from efforts to undermine a fellow public policy advocate by criticizing legislative initiatives of that fellow public policy advocate in matters unrelated to his/her public policy advocacy responsibilities.
- A public policy advocate has an obligation to make a good faith effort to restore and maintain civil relations with colleagues if those relations have been ruptured. Public policy advocates need to recognize that it is easier to avoid a rupture in collegial relations than to repair it. Consequently, public policy advocates are urged to do all they can to resist elevating a conflict with a colleague but rather, to take measured steps to defuse a conflict. The ideal should be to reach a reconciliation that allows public policy advocates to continue working together with mutual respect. The following procedures are recommended. a) Public policy advocates who believe they have a conflict with a colleague should try to ascertain all the facts before acting. Mutual respect requires a public policy advocate to approach the colleague to discuss the issue and try to resolve the issue immediately. b) If this approach does not resolve the issue or dispute, either public policy advocate may request that other public policy advocates serve as mediators. When the issue in dispute is ethical, resolution can be difficult because both parties may feel they have been morally wronged. Traditional mediation techniques of seeking compromise from both sides may not be as effective in such situations. Consequently it may be important to have someone as mediator who can assist in thinking through the ethical issues involved.